5-4-58-7 Visibility At Intersections.

      On any corner lot on which a front and side setback is required, nothing shall be erected, placed, planted, or allowed to grow which obstructs sight lines within a height of two and one-half (2-1/2) feet above the crown of the adjacent roadway and ten (10) feet in a triangular area formed by measuring from the point of the intersection of the front and exterior side lot lines and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection. Trees shall be permitted within the triangular area provided no branches are within ten (10) feet above the street.

5-4-58-8 Visibility For Street Entrances.

      At any residential or commercial drive which enters a street, nothing shall be erected, placed, planted, or allowed to grow which, in the opinion of the Code Enforcement Director, obstructs sight lines for vehicles entering the street.

5-4-58-9 Flood Plain Standards.

      The Code Enforcement Director shall comply with applicable Federal Emergency Management Agency standards for development within flood plains in the issuance of any zoning permit.

§ 5-4-59 B-2 HIGHWAY COMMERCIAL DISTRICT (FORMERLY B-2 DISTRICT).

   This district is designed to provide for the functional grouping and development of commercial land uses which are primarily oriented toward customers traveling by automobile.

5-4-59-1 Permitted Uses.

Bingo parlors

Building material suppliers, plumbing, heating, air-conditioning, and electrical sales and service

Churches and other places of worship

Cluster housing and townhouses in accordance with the provisions of Title 5, Chapter 4, Dillon Land Development Regulations

Clubs, lodges, civic, fraternal, social, or similar non-profit organizations

Convenience stores

Day care facilities

Finance, insurance, and real estate offices, including banks and loan offices

Funeral homes and mortuaries

Garages and auto repair facilities

Government buildings or facilities

Horticultural nurseries and greenhouses

Hotels and motels

Mini-warehouses

Multi-family dwellings in accordance with the provisions of Title 5, Chapter 5, Land Development Regulations

Offices for commercial, personal, medical, legal and other services

Parking lots, in accordance with the provisions of § 5-4-59-4

Printing plants for newspapers and other printers

Public utility substations and facilities, public utility easements

Recreational vehicle parks, in association with a hotel or motel, and subject to the provisions of §5-4-59-11

Retail trade involving the sale of merchandise on premises, including food stores, retail stores, automobile dealers, service stations, apparel and accessories, eating and drinking establishments primarily engaged in the retail sale of prepared food and drinks which may also serve alcoholic beverages as a subordinate to meals for on-premises consumption (but excluding alcoholic drinking establishments primarily engaged in the retail sale of alcoholic drinks, such as night clubs, saloons, taverns, wine bars, beer garden drinking places, beer parlor tap rooms, beer taverns, bottle club drinking places, cabarets, cocktail lounges, discotheque alcoholic beverages, tap room drinking places and alcoholic beverage bar drinking places primarily providing services such as beer, ale, wine, whiskey and liquor for on-premises consumption. Manufactured home sales lots, boat and trailer sales lots are also hereby excluded)

Retirement homes, convalescent homes, and nursing homes

Sales lots for manufactured homes, farm machinery, truck trailers and campers, and other equipment requiring outdoor storage

Services to individuals and businesses, including personal services, social services, business supplies and services, amusement, entertainment, health services, auto washing facilities, repair services, and rental services (but excluding establishments primarily engaged in internet sweepstakes)

Shopping centers, containing uses permitted in the district (see Dillon Land Development Regulations for development standards)

Signs, in accordance with the provisions of § 5-4-59-2

Telephone, telegraph, radio, and television services

Temporary uses, in accordance with the provisions of § 5-4-59-3

Veterinary services and animal shelters

 

      (A)   Definitions.

         ALCOHOLIC DRINKING PLACE means an establishment that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, deriving fifty percent (50%) of their gross revenue from the sale of alcohol and in which the serving of meals is only incidental to the consumption of such beverages.

         INTERNET SWEEPSTAKES ESTABLISHMENT means an establishment where customers are primarily devoted to buy time online and play video “sweepstakes” games for cash prizes or purchase internet time that allows the user to receive points or credits that are then used to play, in many instances, casino-like computer games to potentially win more points redeemable for cash and/or where customers are primarily devoted to giving donation for a product or other thing of value (i.e., phone card, internet time), which credits the customer with free points or other measurable units that may be risked by the customer for an opportunity to win money.

         MEALS means an assortment of various prepared foods which shall be available to guests on the licensed premises during normal mealtimes which occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages and other snacks prepared off the licensed premises but sold thereon, shall not constitute a meal. The business must have a menu or a posted listing of available meals. Hot meals must be prepared at least once each day the business is open for business.

         PRIMARILY means for the most part of a business activity engaged in by a business establishment.

         RESTAURANT means an establishment that is primarily devoted to the serving of food and drinks for consumption by guests on the premises, deriving fifty percent (50%) of their gross revenue from the sale of food and drinks in which the serving of alcoholic drinks is only incidental to the consumption of such meals. The business must have a Class A restaurant license from the Department of Health and Environmental Control and must have a kitchen that is used solely for the preparation, serving and disposal of solid foods that make up meals to include seating for not less than forty (40) persons simultaneously at tables for the service of meals.

(Am. Ord. 02-11, passed 6-10-2002; Am. Ord. 07-18, passed 9-10-2007; Am. Ord. 11-16, passed 12-12-2011)

5-4-59-2 Sign Standards.

      (A)   Permit. A permit shall be secured for the establishment, major alteration, or moving of any sign two (2) square feet or more in area, except for temporary signs.

      (B)   Required Sign. Each principal building shall have posted on the front exterior the proper street address, with numerals a minimum of three (3) inches in height.

      (C)   Prohibited Signs. The following signs are prohibited within the B-2 District:

         (1)   Signs which imitate an official sign or signal or which contain the words stop, go slow, caution, danger, warning, or similar words or characters which might mislead or confuse the driver of a vehicle.

         (2)   Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed to be a traffic control device or which hide from view any traffic or street sign or signal or which obstruct the view in any direction at a street or road intersection.

         (3)   All parts of signs which advertise an activity, business, product, or service no longer produced or conducted on the premises upon which the sign is located; except where a succeeding owner or lessee agrees to maintain the signs as provided in this ordinance.

         (4)   Signs which are pasted or attached to utility poles, trees, fences, or other signs.

         (5)   Signs which swing or otherwise noticeably move as a result of wind pressure because of the manner of suspension or attachment, except for flags, banners and pennants.

         (6)   Signs which display intermittent or flashing illumination.

         (7)   Signs which extend above the roof of any building.

         (8)   Prohibited Signs on Rights-of-way. Political signs, advertising signs, mobile signs, temporary signs, banners or pennants located in the public rights-of-way or private easements of streets and roads within the corporate limits of Dillon are prohibited unless approval to erect or construct such signs has been permitted by the South Carolina Department of Transportation and/or City of Dillon.

         (9)   Violation.

            (a)   Any person violating any provision of § 5-4-59-2(C)(8) by erecting, constructing or maintaining political signs, advertising signs, mobile signs, temporary signs, banners or pennants in the public rights-of-way or private easements of streets and roads within the corporate limits of Dillon without obtaining approval from the South Carolina Department of Transportation and/or City of Dillon shall be deemed guilty of an offense and shall be subject to a fine of up to two hundred dollars ($200) or imprisonment for not more than thirty (30) days upon conviction. Each day of violation shall be considered a separate offense. Punishment for violation shall be considered a separate offense.

            (b)   In addition to the fine hereinabove provided, the city may remove the prohibited signs, banners or pennants from the public rights-of-way or private easements of streets and roads within the city limits. Removal of prohibited signs, banners or pennants by the city shall not relieve the offender from being subject to a misdemeanor for violation of this ordinance.

      (D)   Illumination. Signs illuminated by direct lighting shall have such lighting shielded so that no direct light will shine on abutting properties or in the normal-line of vision of the public using the streets or sidewalks.

      (E)   Maintenance. The person, firm, or corporation owning or using the sign shall be responsible for maintaining the sign in a structurally sound condition and for keeping the area surrounding the base of the sign clear of trash and debris.

      (F)   Removal of On-Premises Signs. The removal of any on-premises sign erected or maintained in violation of this ordinance or any on-premises sign which has been abandoned, destroyed, or substantially damaged, shall be ordered by the Code Enforcement Director. Ten (10) days notice in writing shall be given to the owner of such sign, or of the building or premises on which such sign is located, to remove the sign or bring it into compliance with this ordinance. Upon failure to remove the sign, the City of Dillon may remove the sign and any costs of removal incurred by the city may be collected in a manner prescribed by law.

      (G)   Temporary Signs. All temporary signs shall be removed within two (2) weeks following completion of the event or project for which the sign was displayed, the sale of property for which the sign was posted, or the election for which political signs were erected.

      (H)   Signs Permitted in the B-2 District.

         (1)   Applicable signs permitted in residential districts.

         (2)   Business signs mounted flat against the front surface of the building wall and not projecting above the roof of the building. The total area of all signs identifying each establishment shall not exceed fifteen percent (15%) of the front surface of the building facing either a public pedestrian or vehicular way, or a parking lot.

         (3)   Business signs mounted flat against the rear and/or side surface of the building wall and not projecting above the roof of the building. The total area of all signs identifying each establishment shall not exceed ten percent (10%) of the rear and side surface of the building facing either a public pedestrian or vehicular way or a parking lot.

         (4)   Business signs, free standing, for each business on the premises under separate management, providing that:

            (a)   Such signs shall be limited to one (1) per one hundred (100) feet of lot frontage along a major street.

            (b)   No portion of such signs shall extend over any structure or property line.

            (c)   Such signs shall be not higher than thirty (30) feet nor lower than ten (10) feet above the finished grade of the adjacent street or pavement

            (d)   Such signs shall not exceed one hundred thirty (130) square feet in total area.

         (5)   Business signs, for shopping centers, in accordance with the standards set forward in the City of Dillon Land Development Regulations.

         (6)   Business signs suspended under canopies, providing that such signs shall:

            (a)   Be limited to one (1) per building entrance.

            (b)   Be a minimum of nine (9) feet above the sidewalk surface.

            (c)   Not to exceed three (3) square feet in total area.

         (7)   One (1) unlighted temporary real estate sign on a property offered for sale or rent, not exceeding eight (8) square feet.

         (8)   Temporary signs of contractors, architects, engineers, and artisans during construction, providing such signs are located on the premises and shall be removed promptly after completion of the work.

         (9)   Temporary signs pertaining to special events or political campaigns, provided they are located on the premises and do not exceed two (2) square feet.

         (10)   Signs incident to legal process and necessary for public safety and welfare.

         (11)   One (1) identification sign, which may be illuminated, not exceeding six (6) square feet, for a club, civic or fraternal, group home, lodge, public recreation area, or social organization may be located in the public rights-of-way or private easements of streets and roads within the corporate limits of Dillon with approval from the South Carolina Department of Transportation and/or City of Dillon.

         (12)   One (1) identification sign, which may be illuminated, for a school or church or other house of worship, not exceeding twelve (12) square feet may be located in the public rights-of-way or private easements of streets and roads within the corporate limits of Dillon with approval from the South Carolina Department of Transportation and/or City of Dillon.

         (13)   On premises business signs and free standing signs; on premises signs permitted at a height of one hundred (100) feet maximum.

            (a)   On premises business signs and free standing signs. Any sign, pictorial or otherwise, regardless of size or shape, which directs attention to a business, commodity, attraction, profession, service or entertainment conducted, sold, offered, manufactured, existing or provided on the premises where the sign is located or to which it is affixed. Such signs are sometimes called "on premises signs" or "point-of-sale signs".

            (b)   On premises business signs shall be permitted to be erected at a maximum height of one hundred (100) feet above the elevation of the adjacent street or pavement located within the section of Radford Boulevard beginning at a distance of three hundred one (301) feet to four hundred (400) feet from the right-of-way of Interstate 95 (I-95); and also to be located within a section of Highway 34 West at a distance of three hundred one (301) feet from the right-of-way of Interstate 95 (I-95) to the intersection of South Longstreet Road within the (B-2) Highway Commercial District, provided that:

               (i)   Such signs shall be limited to one (1) per three hundred (300) feet of lot frontage along a major street or highway.

               (ii)   No sign shall be located in front of another sign on the opposite side of the roadway.

               (iii)   All portions of the signs maintain at least a ten (10) foot setback from any property line.

               (iv)   No directional signs shall not exceed two (2) square feet if traffic flow requires separate exit or entrance sign.

               (v)   No free standing sign shall extend over any adjacent structure or adjoining property.

               (vi)   No free standing on premises sign be higher than one hundred (100) feet.

               (vii)   The maximum display area for free standing on premises sign shall not exceed a maximum of six hundred seventy-two (672) square feet plus a ten percent (10%) allowance for copy extensions. A copy extension is the part of the copy which extends beyond the edge or border of the sign, sometimes called a "cut-out" or "drop-out".

               (viii)   No sign facing shall exceed a length of sixty (60) feet.

               (ix)   No sign facing shall exceed a height of forty-eight (48) feet.

               (x)   Back to Back or V-type signs shall be considered as one (1) sign.

               (xi)   No stacked (double deck) sign faces or side by side sign faces shall be allowed.

               (xii)   Illustrations for computing sign dimensions are contained in the illustrations 1 and 2 of this ordinance.

               (xiii)   The maximum display area for business signs and business sign structures attached to/or mounted flat against the front surface of the building wall shall not exceed thirty percent (30%) of the front surface of the building; and shall not extend more than twenty-five (25) feet in height above the maximum building height limit of thirty-five (35) feet.

               (xiv)   Signs permitted after the effective date of this ordinance shall be designed and constructed with single steel pole structural support designed to meet the wind load requirements of the latest adopted Building and National Electrical Codes.

            (c)   Dillon County Land Use and Height Restriction Ordinance Around Airports. The person or applicant shall notify and obtain a letter from the Dillon County Administrator which shall state in writing that the proposed sign is in compliance with the Dillon County Land Use and Height Restriction Ordinance Around Airports prior to the issuance of a city permit to construct.

            (d)   Federal Aviation Administration Requirements. The maximum height requirements for construction and alteration of signs as contained in this ordinance are supplemented by the requirements of the Federal Aviation Administration which regulates structures near airports.

               (i)   A determination of no hazard to air navigation may be required from the Federal Aviation Administration and may contain some restrictions which are in addition to the requirements of this ordinance.

               (ii)   The applicant or person responsible for construction or alteration of signs near airports shall notify and obtain approval from the Federal Aviation Administration prior to construction in accordance with the following:

               (iii)   Any construction or alteration of more than two hundred (200) feet in height above the ground level at its site.

               (iv)   Any construction or alteration of greater height than an imaginary surface extending outward and upward at one (1) of the following slopes:

                  A.   One hundred (100) to one (1) for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway of any airport that is available or being constructed for public use and is subject to approval by the FAA with at least one (1) runway more than three thousand two hundred (3,200) feet in actual length, excluding heliports.

                  B.   Fifty (50) to one (1) for a horizontal distance of ten thousand (10,000) feet from the nearest point of the runway of any airport that is available or being constructed for public use and is subject to approval by the FAA with at least one (1) runway more than three thousand two hundred (3,200) feet in actual length, excluding heliports.

            (e)   Each person who is required to notify the Federal Aviation Administration shall send one (1) executed form set of FAA Form (Notice of Proposed Construction or Alteration) to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area within which the construction or alteration will be located. Copies of FAA Forms may be obtained from the headquarters of the Federal Aviation Administration and the regional offices at [phone], [phone] or [phone].

            (f)   South Carolina Code of Laws. A permit and/or approval from the State of South Carolina Department of Transportation may contain some restrictions which are in addition to the requirements of this ordinance. Issuance of a City of Dillon Permit does not imply approval of, or constitute a privilege to violate, any other applicable state or local ordinances, codes, laws, or private restrictive covenants.

            (g)   No advertising signs shall be permitted within the (B-2) Highway Commercial District. Advertising signs shall only be permitted within the (B-5) Interstate Highway District Inside the city limits of Dillon. Advertising signs, any sign, pictorial or otherwise, regardless of size or shape, which directs attention to a business, commodity, attraction, profession, service or entertainment conducted, sold, offered, manufactured, existing, or provided at a location other than on the premises where the sign is located or to which it is affixed. Such signs are sometimes called "off-premises signs," "non-point-of-sale signs," and include, but are not limited to those signs commonly referred to as outdoor advertising signs, billboards, or poster boards.

(Am. Ord. 06-12, passed 6-12-2006; Am. Ord. 07-18, passed 9-10-2007; Am. Ord. 10-12, passed 11-8-2010; Am. Ord. 11-17, passed 12-12-2011; Am. Ord. 20-13, passed 9-21-2020)

5-4-59-3 Temporary Use.

      A temporary use permit may be issued by the Code Enforcement Director for a period not to exceed one (1) year for non-conforming buildings, structures, or uses incidental to building construction or land development or deemed to be generally beneficial, upon condition that the building, structure or use shall be removed upon expiration of the permit.